Legal Opinion · Dissent

McCann v. McCann

New Mexico Supreme Court

Decided September 22, 1942No. 4590Published

1DissentBickley, Justice

Under the provisions of section 2, Chapter 91, Laws 1933, the Probate Court or the District Court having jurisdiction, may determine the ownership of a decedent’s estate and “the interest of each respective claimant thereto or therein”.

I think this power is broad enough to •enable the Probate Court to determine the-■question of whether the interest in an estate of one who is admitted to be the sole heir at law has been assigned, alienated, released or surrendered.

The District Court under the Act has the •same statutory authority by virtue of the provisions of § 34-422 et. seq., Comp.1929.

Furth…

2Cases cited9 opinions

  1. In Re Krause's EstateWashington Supreme Court · 1933
  2. Sheley v. ShaferNew Mexico Supreme Court · 1931
  3. Thelen v. VogelMontana Supreme Court · 1929
  4. In Re Baxter's EstateMontana Supreme Court · 1936
  5. Estate of Brown v. StairColorado Court of Appeals · 1913

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